Case Note & Summary
The appellant, Ajay Deogade, was charged with the murder of his wife Vishakha, whom he married on 19 March 2004. On 18 April 2004, a quarrel ensued over her failure to serve food to his mother, leading the appellant to pour kerosene on her and set her ablaze. Vishakha sustained severe burns and died on 22 April 2004. Her dying declaration, recorded by an Executive Magistrate on 19 April 2004, implicated the appellant. The trial court acquitted the appellant under Section 304B IPC (dowry death) but convicted him under Section 302 IPC (murder), sentencing him to life imprisonment. The appellant appealed, challenging the conviction primarily on the ground that the dying declaration was unreliable. The High Court examined the dying declaration and found it to be voluntary, truthful, and corroborated by medical evidence. The court noted that the deceased had no motive to falsely implicate her husband and that the declaration was consistent with the injuries sustained. The court also observed that the acquittal under Section 304B did not affect the conviction under Section 302, as the elements of dowry death were not fully established. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - Conviction based solely on dying declaration - The appellant was convicted for murder of his wife based on her dying declaration recorded by an Executive Magistrate. The court held that the dying declaration was voluntary, truthful, and consistent with medical evidence, and thus sufficient to sustain conviction under Section 302 IPC, despite acquittal under Section 304B IPC for dowry death. (Paras 1-10) B) Criminal Law - Dowry Death - Section 304B Indian Penal Code, 1860 - Acquittal - The trial court acquitted the appellant under Section 304B IPC as the demand of Rs. 50,000 was not proved to be in connection with marriage. The High Court did not interfere with this acquittal. (Para 1)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code based on the dying declaration of the deceased is sustainable in law.
Final Decision
The appeal is dismissed. The conviction of the appellant under Section 302 of the Indian Penal Code and the sentence of rigorous imprisonment for life and fine of Rs. 1,000/- are upheld.
Law Points
- Dying declaration
- Section 302 IPC
- Section 304B IPC
- Dowry death
- Credibility of dying declaration
- Conviction on dying declaration alone
